Pursuant to section 28 of the Public Works Act 1981, and
to a delegation from the Minister for Land Information, Ronald Alistair Jolly, Land Information New Zealand, declares that an easement in gross is acquired for the functioning indirectly of a road over the land described in the First Schedule to this notice on the terms and conditions described in the Second Schedule to this notice and shall vest in the Crown ("the Grantee") on the date of publication hereof in the New Zealand Gazette.
North Auckland Land District North Shore City
First Schedule
Easement to be Acquired
A right to drain water easement in gross over that part
of Section 9 SO 395477; marked "C" on SO 412641
("the easement facility").
Second Schedule
Terms and Conditions
(a) "The Grantor" is the registered proprietor for the time being of Section 9 SO 395477.
(b) The easement shall be subject to the rights and powers
as prescribed in Schedule 4 of the Land Transfer Regulations 2002, subject to the following variations:
Clause 11 is deleted and substituted by the following clause:
11. Repair, maintenance and costs
(1) The Grantor is solely responsible for arranging the repair and maintenance of the easement facility, and for the associated costs, so as to keep the facility in good order and to prevent it from becoming a danger or nuisance.
(2) In carrying out any works under 11(1), the Grantor;
(i) must meet any associated requirements of the relevant local authority and;
(ii) must promptly carry out at that party's sole cost any repair and maintenance.
(3) The Grantee bears the cost of all work done outside the servient land.
Dated at Wellington this 23rd day of December 2009.
R. A. JOLLY, for the Minister for Land Information.
(LINZ CPC/1999/3609)